Pay Protection of West Bengal Govt. Employees

GOVERNMENT OF WEST BENGAL
FINANCE DEPARTMENT
AUDIT BRANCH

No. 960-F dated 27.01.1994

MEMORANDUM

It has been brought to the notice of Government that consequent upon of the Career Advancement Scheme there has been disparity of pay of the senior and junior Government employees. The Senior Government employees are also reported to be praying a protection of their pay. Various factors are responsible for causing a senior employee to draw less pay than that of his junior and in all cases such pay disparity is not necessarily required to be moved
only on the ground of seniority. It is therefore necessary to look into the factors responsible for the senior employee drawing less pay than his junior for consideration if any relief can be allowed to the senior in the matter of pay.

In the circumstances the undersigned is directed to say that each individual case of disparity of pay of the senior Government employee, caused due to introduction of the Career Advancement Scheme, be examined carefully with reference to the following papers and referred to the Finance Department through the respective administrative department together with the views of the administrative department for decision:-

(1) Service Book (s) of both the senior and junior Government employees, and,

(2) Statement showing the particulars in detail in respect of service rendered and pay drawn both by the senior and junior Government employees right from the date of their appointment under Government.

Sd/- A.K.Chakraborty
Deputy Secretary to the
Government of West Bengal
Finance Department.

Ref: No. 960-F dated 27.01.1994

Few Pertinent points about Protection of Pay

A purely fortuitous officiating promotion given to an officer who is junior to an officer outside the regular line does not in itself give rise to any claim.

A Government employee under training instruction in India/ abroad and whose absence has been treated as the period spent on duty, may be promoted to the next higher grade with effect from the date he would have been so promoted had he not proceeded on training instruction provided the following conditions are fulfilled:-

• be had been, approved for promotion to the next higher grade; and
• all his seniors, except those regarded as unfit for promotion to the particular higher grade, available have been promoted to that grade.

He may also be allowed to draw such officiating pay in the next higher grade which he would have drawn from time to time had he been on duty other than duty.

On an enhancement in the grade pay of the lower post as a result of increment or otherwise, the pay of such Government employee shall be re-fixed from the date of such enhancement as if he was appointed to officiate in that post on that date where such re-fixation is to his advantage.

Provided that such lower officiating post was held for not less than 3 years or would have been so held but for officiating in other higher cadre posts; Provided further that the provisions in Rule 42A(1) of WBSR shall not be applicable in the matter of re-fixation of pay.